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Expungements or Motion to Set Aside Record

NOTE: THIS INFORMATION IS GIVEN AS AN AID TO ASSIST PEOPLE WHO DESIRE TO LEARN ABOUT EXPUNGING THEIR RECORDS, IT IS NOT MEANT TO DELIVER LEGAL ADVICE OR A LEGAL OPINION.  IN NO WAY IS THIS INFORMATION MEANT TO REPLACE THE ADVICE OF LEGAL COUNSEL.

The Oregon Revised Statute 137.225 is the guideline the Wallowa County District Attorney’s Office uses to expunge or set aside arrest records or convictions.  Once an order is signed by a judge to expunge or set aside an arrest record or conviction, all law enforcement offices are directed to seal their records pertaining to that arrest or conviction.

Arrest, as used in this instructional aid means, but is not limited to, citations and/or when someone is confined.

Conviction, as used in this instructional aid means, but is not limited to, when there is a judgment issued.

There are, at this time, two ways to proceed with an expungement:

  1. Hire an attorney, or
  2. Prepare your own documents.

Regardless of which way you choose, if there was a conviction you will need to pay the Oregon State Police $80.00.  This fee must be in the form of a certified check or money order made payable to the Oregon State Police, and must be delivered to the prosecuting attorney (District Attorney’s Office).

 If you decide to prepare your own documents:

  • ** Effective October 1, 2009 there is Circuit Court filing fee of $250.00 per case for expungement or setting aside a record.

The original form with the filing fee must be sent to:

Wallowa County Circuit Court
Wallowa County Courthouse
101 S. River Street, Rm. 204
Enterprise, Oregon 97828

File copies of the forms, the original fingerprint card and the $80.00 check for the Oregon State Police with the District Attorney's office at:

Wallowa County District Attorney
Wallowa County Courthouse
101 S. River Street, Rm. 201
Enterprise, OR  97828

EXPUNGING OR SETTING ASIDE A RECORD OF ARREST IS A FOUR STEP PROCESS:

 First, visit http://egov.oregon.gov/OSP/  click 'ID Services'; click 'Expungement Process', and read the information contained therein; 

Second, request a copy of your criminal history.  To receive your criminal history requires the following:

  • a fingerprint card – you can make an appointment for fingerprinting at the Wallowa County Sheriff's Office;
  • a letter requesting the criminal history;
  • a check or money order for $33.00 made payable to Oregon State Police (Note: notarized requests are an additional $5.00)

Send these items to:        

Oregon State Police
Identification Services Section, Unit 11
PO BOX 4395
Portland, OR 97208-4395

The Oregon State Police will return your fingerprint card with your criminal history, you will need your fingerprint card later.

Third, purchase your forms, you can obtain preprinted forms through www.stevensness.com/index.html or through a stationary store (the forms you will need for an arrest are #1246 – Order Setting Aside Arrest, #1247 – Motion For Setting Aside Arrest, and #1245 – Affidavit RE Setting Aside Arrest. Forms for a conviction are  # 1131- Motion for Setting Aside Conviction, # 1132 - Affidavit RE Setting Aside Conviction and #1133 - Order Setting Aside Conviction.) With your criminal history fill out these documents; and

Fourth, make a copy of all of your documents and fingerprint card (one copy for yourself and one copy to serve upon the prosecuting attorney (District Attorney’s Office).  The originals of the documents will be filed with the Court, a copy of the documents, the original fingerprint card, and if applicable, a money order or certified check made payable to the Oregon State Police in the amount of $80.00 will be served upon the prosecuting attorney (District Attorney).

Once you have complied with the above, the next step is for the District Attorney’s Office to request a check through the Oregon State Police to see if you are pending criminal charges anywhere, have an outstanding warrant for your arrest, or have had a previous expungement.  Once the District Attorney’s Office receives their report  from the Oregon State Police, a response to your motion is prepared and filed with the Court.  It is court procedure that any correspondence the District Attorney’s Office has with the court must be sent to you as well.  We do this by sending our response to your motion to the mailing address provided in your paperwork.

Within a month after the District Attorney’s Office has filed their response to your motion, assuming there was no objection to your motion, the court will mail you a signed order.  Once this is done your arrest and/or conviction is sealed.